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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47914
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work for health trust and was manager of small team I was

Resolved Question:

I work for health trust and was manager of small team I was working 7 days per week no meal breaks working greater than contracted hrs due to no support in management, would not employ new staff, were forced to cover off duty with other staff to enable 24 hr service. I returned to previous job due to feeling exhausted, became very poorly, I am now on antihypertensives, cholesterol and diagnosed as type 2 diabetes, GP states condition brought on by stress and exhaustion, I was not ill prior or on any medication,
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know what is your specific question.

Customer:

have my employers failed to support me which has caused me to become ill, lifelong illness

Customer:

it is work related stress that has caused my illness,

Ben Jones :

Thanks for your patience, are you still employed by this particular employer?

Customer:

yes

Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 4 years ago.
Employers have certain duties under the Health and Safety at Work Act and under common law to take reasonable care to ensure the health, safety and welfare of their staff. This would also include preventing or reducing the causes of workplace stress.

Whilst employees that are subject to workplace stress can take formal action against their employer, this is not necessarily easy to do. There are two main claims that can be made: personal injury or constructive dismissal.

1. Personal Injury - the following requirements must be met:
• The person must have suffered a recognised psychiatric illness, such as clinical depression.
• The illness must have been caused by stress at work and no outside factors.
• It must be shown that it was reasonably foreseeable by the employer that the employee would develop a mental illness (bearing in mind that an employer could assume an employee can withstand the normal pressures of working life)

2. Constructive dismissal - the following requirements must be met:
• It must be shown that the employer is in breach of the implied term to provide a safe system of work, which has in turn led to a breach of the further implied term of mutual trust and confidence
• The breach must be sufficiently serious to justify instant resignation
• It is highly recommended to raise a grievance first to deal with this internally, with resignation only taking place in cases of continued breaches
• This is only available to those with over 2 years' continuous service with their employer.

In the first instance, I would advise considering going down the grievance route first and only pursuing the formal claims above as a last resort.

I would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you